The section placed the burden upon a specially restricted patient to prove that he was not suffering from a mental disorder of a nature or degree requiring him to be detained, before the Tribunal could order his release. This shifting of the burden was in breach of his human rights not to be detained. It was not possible to construe the section to achieve compatibility, and a declaration of incompatibility was made.
Times 02-Apr-2001, Gazette 24-May-2001,  EWCA Civ 415,  QB 1
Mental Health Act 1983 72 73, Human Rights Act 1998
England and Wales
Cited – AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others CA 21-Dec-2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release.
Held: The standard of proof in such applications remained the balance of probabilities, but that . .
These lists may be incomplete.
Updated: 02 January 2021; Ref: scu.147486